LABOR LAW REVIEW

Rights of the workers under the Labor Standards Law:

1. Security of tenure
2. Living wage
3. Humane conditions of work
4. Just share of the fruits of production

Rights of the workers under the Labor Relations:

1. Self-organization
2. CBA and negotiations
3. Peaceful and concerted activities and right to strike
4. Policy making
5. Right to property and due process (substantive and procedural)
6. Codetermination – (policy making)
- This constitutional and legal right is the basis of the principle of co-determination where the
employees are given the right to co-determine or share the responsibility of formulating
certain policies that affect their rights, benefits and welfare.

Management prerogatives:
1. Right to conduct business and to stop the business (retrenchement)
2. To select and hire
3. Prescribe rules and regulations
4. Transfer, demote, promote and dismiss

STAGES OF EMPLOYMENT
1. Pre-employment – recruiting and hiring.
2. State of employment – rules and regulations during employment.
3. Post-employment – resignation, retirement and dismissal.

JURISDICTION OF THE LABOR ARBITER

- Except as otherwise provided under this Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the
submission of the case by the parties for decision without extension, even in the absence of
stenographic notes, the following cases involving all workers, whether agricultural or non-
agricultural:
- Unfair labor practice cases;
- Termination disputes;
- If accompanied with a claim for reinstatement, those cases that workers may file involving
wages, rates of pay, hours of work and other terms and conditions of employment;
- Claims for actual, moral, exemplary and other forms of damages arising from the employer-
employee relations;
- Cases arising from any violation of Article 264 of this Code, including questions involving the
legality of strikes and lockouts; and
- Except claims for Employees Compensation, Social Security, Medicare and maternity
benefits, all other claims arising from employer-employee relations, including those of
persons in domestic or household service, involving an amount exceeding five thousand
pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.